Date:27/07/2018

To,
Shri Nazir Azmuddin Shaikh
Second Floor, Ganesh Kripa 2,
Near National Hotel,
Mumbai – Pune Road,
Kalwa, Thane - 400 605.

Dear Sir,

Under written and verbal instructions from our client Shri. Gajanan Sukaru
Mhatre, Age 75 years, residing at Ganesh Kripa 2, Near National Hotel,
Mumbai – Pune Road, Kalwa, Thane 400605, Mobile No. 8108654110, we
are inscribing you this notice as under:

1. Our Client is a senior citizen and he has purchased building premises

by his hard earned money. The building consists of a storage room
admeasuring 8x10 sq ft on the terrace. Our client is the legal owner
of the said building.

2. Our client states that, you were in poor financial conditions and
could not afford to pay high amount of rent. You were in dire need
for residence and you were also finding it difficult to get a room on
rent so you approached our client requesting to let you reside at the
abovementioned room at a negligible rent until you find another
place for your accommodation. Our client considered your request to
allow you to reside at our client’s room premises since you
approached our client with poor financial conditions, our client
allowed you to reside at his room on condition that you would pay
all the bills and a minimum rent pertaining to the said room till you
reside.

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3. Our client further states that, you agreed his condition to pay a
minimum rent pertaining to our client’s room and then shifted in our
client's room. After couple of months when our client asked you that
whether you have found another place for accommodation, you
requested our client saying that you are facing some financial
difficulties and so you still haven't found another place to reside yet.
Moreover, you requested our client to give you some more time and
that you are still looking for place for accommodation.

4. Our client states that, our client being humble family oriented person
considered your request and allowed you to continue to reside at his
room. Our client states that, every time he would ask you whether
you have found another place for accommodation, you used to give
wayward replies and dodge his questions and would always insist on
allowing you to stay at the said flat. Our client states that, ever since
then you have taken our client for granted.

5. Our client states that, neither you paying rent since from last few
months nor were you vacating the same. Our client allowed you to
reside at his room in good faith considering that you were in dire
need of residence and having weak financial condition and that you
would vacate our client's Room as soon as you will find another
place of accommodation.

6. Our client states that, despite the fact that our client is the legal
owner of the said room, you did not allow him to enter into the room
and inspect the same on many instances. Even on constant demands
from our client, you did not let him enter into the room.

7. Our client states that our client found that you have illegally taken
the MSEB Meter subscription in your name by using forged
documents of the said premises. Under the given circumstances, it is
apparent that you have done this using forged document, and you

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 will be held liable for the same under appropriate sections of IPC.
Our client Further states that, he noticed the MSEB Electricity Bill
for the month of July 2018 of the said room amounted to Rs. 3200/-
approximately. Our client found this suspicious since the said room
admeasured only 8x10 sq ft, you had never allow our client to
inspect the said room on several request by him.

8. Our client states that, you are using the said room for suspicious and
illegal purposes. Our client states that, you have made illegal
constructional changes to the said room without the knowledge or
consent of our client, to increase the area of the said room. Further,
our client states that he has noticed change in use of the said room,
and when he inquired about the same, you avoided him and did not
let him inspect the room. Our client states that, since the said
building has been constructed a long time back, making any illegal
construction on the said building will result in substantial damage to
the building.

9. Our client states that, due to the above mentioned reasons, he

directed you to vacate the said room and stop illegal use of the room.
Our client states that, to his dismay, you did not vacate our client's
room and continued to reside at his room. Finally, when our client
approached you again and asked you to vacate his room, you bluntly
refused to vacate our client's room premises and you remained
stubborn about residing at the room that our client is the lawful
owner of without having the assent of our client.

10. Therefore, under the given circumstances our client is constrained to

issue this eviction notice to you. Our client calls upon you to vacate
the abovementioned room premises within 7 days upon receipt of
this notice. Failing which, our client will remain with no option
except to take legal action by way of either filling civil suit or

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 criminal complaint against you for unlawfully occupying our client's
room entirely on your cost and consequences.

11. Non compliance of any of the aforesaid requisitions, it shall be

deemed that you are responsible admittedly for the aforesaid acts of
criminal as well as civil nature with intent to harm our clients.

In view of the above acts we hereby call upon you to vacate the room
premises and hand over the peaceful possession of the said room to our
client within 7 days from the receipt of this notice and to pay Rs.25,000/-
( Rupee twenty five Thousand only ) towards cost of the present Notice,
failing which, our client shall have no other recourse but to file suit or to
take action under relevant sections of IPC and contemplate steps as per the
Mandate of law through the appropriate court of law in that case you will be
held solely responsible for the risk, cost, and consequence thereof which
you may kindly take serious note of.

Yours truly,

Adv. Abhishek Gokhale

Advocate Bombay High Court